Those two submissions raise a number of different questions and, in any event, it probably would have been possible by a very simple amendment to have corrected the difficulty. However, I raised that point because it is one that obviously calls for far greater consideration.
The main argument put forward by the noble and learned Lord is that the law, in relation to the 115 families that have gone to Zurich, has fallen into desuetude. I do not think I am doing them a disservice by summarising it in that way. The noble and learned Lord says the law has not been operating—but the law is being operated. Each and every one of those cases is examined by the Director of Public Prosecutions. He is not oblivious to what is happening; he is charged with a specific task. He is charged with a task and responsibility of acting in a quasi-judicial capacity to determine whether prosecutions should take place. That is not unique in any way to this particular law, nor indeed to dozens of other laws that we still have on our statute book. There is nothing capricious in the function of the Director of Public Prosecutions in that case: he is exercising a judicial role in a very disciplined and consistent way. Therefore, to pretend in some way that the law has fallen into desuetude and that consequently there is not only justification, but even demand, for this amendment is wholly fallacious.
Again, it is wholly fallacious to say that this is just a cosmetic change— a minor matter which acknowledges the situation as it exists at the moment. Not at all. Is there anybody in this House who believes that, if this amendment were carried, it would not inevitably lead to legalising physician-assisted death in the United Kingdom? Many slippery-slope arguments are less than worthy, but I believe it wholly inevitable that that is what would happen. What one has to consider are not the compassionate arguments—and there are compassionate arguments in relation to this huge problem. I saw my mother wither and die when I was a small boy and I saw my wife go through the same torture about two and a half years ago. I am not without feeling for people who are in the situation of being in extremis. But what we have to consider is the effect that it has.
John Donne said: ""Any man’s death diminishes me, for I am involved with mankind.""
He was not speaking as a priest of the Anglican Church, which he was: he was speaking as a humanist. He was saying that the institution of life itself is diminished by every single death. How much more is it diminished by a deliberate death? That is the situation. We have to ask ourselves, "What messages would reverberate from this House if this amendment were to be carried tonight?"
What of the hundreds of thousands of people who at this very moment may be saying, "Well, life isn’t worth it. I’m hanged if I know if I can face the very next day, let alone the next week". What effect would it have on those people? Logically, there is no causal connection between this amendment and their state of mind, but one knows psychologically that there will be. Logically, there is no reason why palliative care should be regarded as less important than it is. Britain has made splendid and honourable strides in that field, but psychologically it could well have that effect because people could say, "There is a very clear exit that is an alternative to it". What would happen in the nightmare situation in a place like Bridgend? This amendment certainly will not help that.
Coroners and Justice Bill
Proceeding contribution from
Lord Elystan-Morgan
(Crossbench)
in the House of Lords on Tuesday, 7 July 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Coroners and Justice Bill.
Type
Proceeding contribution
Reference
712 c610-1 
Session
2008-09
Chamber / Committee
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2024-04-21 12:43:20 +0100
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